Alfred Henry Lionel Leach, C.J.

1. The second appellant is the karnavan of a Malabar tarwad.

2. On the 8th January, 1906, the jenmi, who is now represented by the first respondent, executed in favour of the tarwad of the appellant a kanom mortgage in respect of 58 parcels of agricultural land. On the 6th January, 1925, the jenmi executed a melcharth in favour of the second respondent, who on the 4th February, 1929, filed a suit in the Court of the Subordinate Judge of Calicut to enforce the redemption of the kanom. There were 136 defendants, the karnavan, 22 other members of the tarwad and 113 tenants. The contesting defendants pleaded that the Subordinate Court had no jurisdiction because the plaintiff had overvalued the property and that on a true valuation it should be filed in. the Court of the District Munsif of Chowghat. After inquiry the Subordinate Judge held that the allegation of overvaluation was well founded and by an order dated the 4th March, 1930, directed that the plaint be returned to the second respondent for presentation to the District Munsifs Court. The plaintiff appealed to the District Judge of South Malabar, who came to the conclusion that the suit had